NZ Metro TC 28 September 2018 – R 1 – Chair, Mr R McKenzie
ID: JCA11278
Meet Title:
NZ Metro TC - 28 September 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DJackson
Race Date:
2018/09/28
Race Number:
R 1
Decision:
Mr Nairn having admitted the breach, the charge was found proved.
Penalty:
Mr Nairn is fined the sum of $200.
Facts:
Following the running of Race 1, Christchurch Casino Proud Supporters of Cup Day Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr P C Nairn, alleging that Mr Nairn, as the driver of GIL FAVOUR in the race, “used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations”.
Mr Nairn had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He further indicated that he did not wish to be present at the hearing of the information, which Mr Renault confirmed.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Renault showed a video replay of the final 400 metres of the race. He pointed out GIL FAVOUR, driven by Mr Nairn, improving 3-wide approaching the home turn, on the back of SWISS MISS (G D O’Reilly), in about 6th position. Stewards were alleging that Mr Nairn had used his whip on 13 occasions from that point, Mr Renault said. The count of 13 was accepted by Mr Nairn, Mr Renault said. Mr Nairn had explained to the Stewards that most of the strikes were on the sulky and he believed there had been pauses. The Committee noted that GIL FAVOUR had finished in 4th placing.
Submissions for Penalty:
Mr Renault told the Committee that Mr Nairn had a clear record. This was Mr Nairn’s first drive for the current season and, in the 2017/2018 season, he had only two drives. Mr Renault then referred to the sliding scale for breaches of the Rule as set out in the Regulations. He submitted that a fine of $200 for a number of strikes in the 11-13 range as per the Regulations was the appropriate penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the Penalty Guide in the Use of the Whip Regulations and noted that the “sliding scale” penalty for a first offence involving a number of strikes in the 11-13 range is a fine of $200. The Committee saw no need to depart from the prescribed penalty.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 1422ca97f2aee0eb6e6e00feea7311ae
informantnumber: A09991
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 02/10/2018
hearing_title: NZ Metro TC 28 September 2018 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 1, Christchurch Casino Proud Supporters of Cup Day Trot, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr P C Nairn, alleging that Mr Nairn, as the driver of GIL FAVOUR in the race, “used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations”.
Mr Nairn had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He further indicated that he did not wish to be present at the hearing of the information, which Mr Renault confirmed.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Renault showed a video replay of the final 400 metres of the race. He pointed out GIL FAVOUR, driven by Mr Nairn, improving 3-wide approaching the home turn, on the back of SWISS MISS (G D O’Reilly), in about 6th position. Stewards were alleging that Mr Nairn had used his whip on 13 occasions from that point, Mr Renault said. The count of 13 was accepted by Mr Nairn, Mr Renault said. Mr Nairn had explained to the Stewards that most of the strikes were on the sulky and he believed there had been pauses. The Committee noted that GIL FAVOUR had finished in 4th placing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Nairn having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault told the Committee that Mr Nairn had a clear record. This was Mr Nairn’s first drive for the current season and, in the 2017/2018 season, he had only two drives. Mr Renault then referred to the sliding scale for breaches of the Rule as set out in the Regulations. He submitted that a fine of $200 for a number of strikes in the 11-13 range as per the Regulations was the appropriate penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the Penalty Guide in the Use of the Whip Regulations and noted that the “sliding scale” penalty for a first offence involving a number of strikes in the 11-13 range is a fine of $200. The Committee saw no need to depart from the prescribed penalty.
penalty:
Mr Nairn is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: Mr S P Renault - Stipendiary Steward
JockeysandTrainer: Mr P C Nairn - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f70f7eab60b27e66c2f4368c0c644f86
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6a82b7e84b650047d8022f581049c811
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/09/2018
meet_title: NZ Metro TC - 28 September 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DJackson
meet_pm2: none
name: NZ Metro TC